The Basics of a Winning Social Security Disability Claim
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The Basics of a Winning Social Security Disability Claim

| Oct 15, 2015 | Blog |

 

 

There are many misconceptions about how to win a Social Security Disability claim. Many times a potential client will come to me and say my doctor wont release me to work or, I have x, y, z medical condition, and they think that their case will be an automatic winner. In reality, its much more complicated.

Social Security is looking not only for whether you have a severe medical condition, but more importantly, what effect does that medical condition have on your ability to work and earn nearly $1,100 per month.

There are a couple of ways to prove that you cannot work. The first is meeting a listing. Listings are categories of medical conditions that, if you very clearly meet all of the conditions, you are presumed to be unable to work. Meeting a listing is very difficult and there arent listings for every medical condition, such as fibromyalgia.

The more common way to win is to prove that your functional capacity has been reduced to the point that you cannot perform not only your past work, but any other work in the national economy. Social Security looks at the past fifteen years of your work history to determine if there are any jobs you previously performed that you can go back to. But not only do you have to prove that you cannot do any of those jobs, you also have to show that you cannot perform any other jobs that are less strenuous. For example, if youve had a desk job in the past fifteen years, why cant you do that again? Or, even if youve never had a desk job, if you are relatively young (say younger than 50 years old) what is stopping you from being able to do that now?

The process and determination of whether or not you can win your Social Security claim are much more complicated than the synopsis given in this post, which is why I strongly advise anyone considering filing a Social Security Disability claim to consult with an experienced Social Security attorney to determine the likelihood of success.

Hicks, Britton M.

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